I already got a significant other... she is ok with me havin a fk
buddy on the side and when she isnt around... maybe have 2
girlfriends if your down.. thats all i want its not that i cant
love... im just chillin here tryin to expand this shit i just would
like 2 girlfriends to keep me company

Magna Carta, also called Magna Carta Libertatum (the Great Charter
of Freedoms), is an English legal charter, originally issued in the
year 1215. It was
written in Latin and is known by its Latin name. {{The}} usual
English translation of Magna Carta is Great Charter.

Magna Carta required King John of {{England}} to proclaim certain
rights (pertaining to freemen), respect certain legal procedures,
and accept that his will could be {{bound}} by the law. It
{{explicitly}} protected certain rights of the {{King's}} subjects,
whether free or fettered — and implicitly {{supported}} what became
the writ of habeas corpus, allowing appeal against unlawful
imprisonment.

Magna Carta was arguably the most significant early influence on
the extensive historical process that led to the rule of
constitutional law today in the English speaking world. Magna Carta
influenced the development of the common law and many
constitutional documents, including the United States
Constitution.[1] Many clauses were renewed throughout the Middle
Ages, and continued to be renewed as late as the 18th century. By
the second half of the 19th century, however, most clauses in their
original form had been repealed from English law.

Magna Carta was the first document forced onto an English King by a
group of his subjects (the barons) in an attempt to limit his
powers by law and protect their privileges. It was preceded by the
1100 Charter of Liberties in which King Henry I voluntarily stated
that his own powers were under the law.

In practice, Magna Carta in the medieval period mostly did not
limit the power of Kings; but by the time of the English Civil War
it had become an important symbol for those who wished to show that
the King was bound by the law.

Magna Carta is normally understood to refer to a single document,
that of 1215. Various amended versions of Magna Carta appeared in
subsequent years however, and it is the 1297 version which remains
on the statute books of England and Wales.Judicial rights

Clauses 17 to 22 allowed for a fixed law court, which became the
chancellery, and defines the scope and frequency of county assizes.
They also state that fines should be proportionate to the offence,
that they should not be influenced by ecclesiastical property in
clergy trials, and that their peers should try people. Many think
that this gave rise to jury and magistrate trial, but its only
manifestation in the modern world was the right of a lord to a
criminal trial in the House of Lords at first instance (abolished
in 1948).

Clause 24 states that crown officials (such as sheriffs) may not
try a crime in place of a judge. Clause 34 forbids repossession
without a writ precipe. Clauses 36 to 38 state that writs for loss
of life or limb are to be free, that someone may use reasonable
force to secure their own land, and that no one can be tried on
their own testimony alone.

Clauses 36, 38, 39 and 40 collectively define the right of Habeas
Corpus. Clause 36 requires courts to make inquiries as to the
whereabouts of a prisoner, and to do so without charging any fee.
Clause 38 requires more than the mere word of an official, before
any person could be put on trial. Clause 39 gives the courts
exclusive rights to punish anyone. Clause 40 disallows the selling
or the delay of justice. Clauses 36 and 38 were removed from the
1225 version, but were reinstated in later versions. The right of
Habeas Corpus as such was first invoked in court in the year
1305.

Clause 54 says that no man may be imprisoned on the testimony of a
woman except on the death of her husband.

[edit] Anti-corruption and fair trade

Clauses 28 to 32 state that no royal officer may take any commodity
such as grain, wood or transport without payment or consent or
force a knight to pay for something the knight could do himself,
and that the king must return any lands confiscated from a felon
within a year and a day.

Clause 35 sets out a list of standard measures, and Clauses 41 and
42 guarantee the safety and right of entry and exit of foreign
merchants.

Clause 45 says that the King should only appoint royal officers
where they are suitable for the post. In the United States, the
Supreme Court of California interpreted clause 45 in 1974 as
establishing a requirement at common law that a defendant faced
with the potential of incarceration is entitled to a trial overseen
by a law-trained judge.[6]

Clause 46 provides for the guardianship of monasteries.

[edit] Temporary provisions

Some provisions were for immediate effect and were not in any later
charter. Clauses 47 and 48 abolish most of Forest Law (these were
later taken out of Magna Carta and formed into a separate charter,
the Charter of the Forests).[7] Clauses 66, 33 to 99 and 55 to 541
provide for the return of hostages, land and fines taken in John’s
reign.

Article 50 states that no member of the D’Athée family may be a
royal officer. Article 51 calls for all foreign knights and
mercenaries to leave the realm.

[edit] Great Council

The first long-term constitutional effect arose from Clauses 14 and
61, which permitted a council composed of the most powerful men in
the country to exist for the benefit of the state rather than in
allegiance to the monarch. Members of the council were also allowed
to renounce their oath of allegiance to the King in pressing
circumstances and to pledge allegiance to the council and not to
the King in certain instances. The common council was responsible
for taxation, and although it was not representative, its members
were bound by decisions made in their absence. The common council,
later called the Great Council, was England's
proto-parliament.

The Great Council only existed to give input on the opinion of the
kingdom as a whole, and it only had power to control scutage until
1258 when Henry III got into debt fighting in Sicily for the pope.
The barons agreed to a tax in exchange for reform, leading to the
Provisions of Oxford. But Henry got a papal bull allowing him to
set aside the provisions and in 1262 told royal officers to ignore
the provisions and only to obey Magna Carta. The barons revolted
and seized the Tower of London, the Cinque ports and Gloucester.
Initially the King surrendered, but when Louis IX of France
arbitrated in favour of Henry, Henry crushed the rebellion. Later
he ceded somewhat, passing the Statute of Marlborough in 1267,
which allowed writs for breaches of Magna Carta to be free of
charge, enabling anyone to have standing to apply the
Charter.

This secured the position of the Great Council forever, but its
powers were still very limited. The council originally only met
three times per year and so was subservient to the King’s council,
Curiae Regis, who, unlike the Great Council, followed the king
wherever he went.

Still, in some senses the council was an early form of parliament.
It had the power to meet outside the authority of the King and was
not appointed by him. While executive government descends from the
Curiae Regis, parliament descends from the Great Council, which was
later called the parliamentum. However, the Great Council was very
different from modern parliament. There were no knights, let alone
commons, and it was composed of the most powerful men, rather than
elected citizens.

Magna Carta had little effect on subsequent development of
parliament until the Tudor period. Knights and county
representatives attended the Great Council (Simon de Montfort’s
Parliament), and the council became far more representative under
the model parliament of Edward I which included two knights from
each county, two burgesses from each borough and two citizens from
each city. The Commons separated from the Lords in 1341. The right
of the Commons to exclusively sanction taxes (based on a withdrawn
provision of Magna Carta) was re-asserted in 1407, although it was
not in force in this period. The power vested in the Great Council
by, albeit withdrawn, Clause 14 of Magna Carta became vested in the
House of Commons but Magna Carta was all but forgotten for about a
century, until the Tudors.

[edit] Tudor dynasty (1485 - 1603)

Magna Carta was the first entry on the statute books, but after
1472, it was not mentioned for a period of nearly 100 years. There
was much ignorance about the document. The few who did know about
the document spoke of a good king being forced by an unstable pope
and rebellious barons “to attaine the shadow of seeming liberties”
and that it was a product of a wrongful rebellion against the one
true authority, the king. The original Magna Carta was seen as an
ancient document with shadowy origins and as having no bearing on
the Tudor world. Shakespeare’s King John makes no mention of the
Charter at all but focuses on the murder of Arthur. The Charter in
the statute books was thought to have arisen from the reign of
Henry III.[citation needed]

[edit] First uses of the charter as a bill of rights

This statute was used widely in the reign of Henry VIII (1509 -
1547) but was seen as no more special than any other statute and
could be amended and removed. But later in the reign, the Lord
Treasurer stated in the Star Chamber that many had lost their lives
in the Baronial wars fighting for the liberties which were
guaranteed by the Charter, and therefore it should not so easily be
overlooked as a simple and regular statute.

The church often attempted to invoke the first clause of the
Charter to protect itself from the attacks by Henry, but this claim
was given no credence. Francis Bacon was the first to try to use
Clause 39 to guarantee due process in a trial.

Although there was a re-awakening of the use of Magna Carta in
common law, it was not seen (as it was later) as an entrenched set
of liberties guaranteed for the people against the Crown and
Government. Rather, it was a normal statute, which gave a certain
level of liberties, most of which could not be relied on, least of
all against the king. Therefore, the Charter had little effect on
the governance of the early Tudor period. Although lay parliament
evolved from the Charter, by this stage the powers of parliament
had managed to exceed those humble beginnings. The Charter had no
real effect until the Elizabethan age. (1558 - 1603)

[edit] Reinterpretation of the charter

In the Elizabethan age, England was becoming a powerful force in
Europe. In academia, earnest but futile attempts were made to prove
that Parliament had Roman origins. The events at Runnymede in 1215
were "re-discovered", allowing a possibility to show the antiquity
of Parliament, and Magna Carta became synonymous with the idea of
an ancient house with origins in Roman government.

The Charter was interpreted as an attempt to return to a pre-Norman
state of things. The Tudors saw the Charter as proof that their
state of governance had existed since time immemorial and the
Normans had been a brief break from this liberty and democracy.
This claim is disputed in certain circles but explains how Magna
Carta came to be regarded as such an important document.

Magna Carta again occupied legal minds, and it again began to shape
how that government was run. Soon the Charter was seen as an
immutable entity. In the trial of Arthur Hall for questioning the
antiquity of the House, one of his alleged crimes was an attack on
Magna Carta.

[edit] Edward Coke’s opinionsJudicial rights

Clauses 17 to 22 allowed for a fixed law court, which became the
chancellery, and defines the scope and frequency of county assizes.
They also state that fines should be proportionate to the offence,
that they should not be influenced by ecclesiastical property in
clergy trials, and that their peers should try people. Many think
that this gave rise to jury and magistrate trial, but its only
manifestation in the modern world was the right of a lord to a
criminal trial in the House of Lords at first instance (abolished
in 1948).

Clause 24 states that crown officials (such as sheriffs) may not
try a crime in place of a judge. Clause 34 forbids repossession
without a writ precipe. Clauses 36 to 38 state that writs for loss
of life or limb are to be free, that someone may use reasonable
force to secure their own land, and that no one can be tried on
their own testimony alone.

Clauses 36, 38, 39 and 40 collectively define the right of Habeas
Corpus. Clause 36 requires courts to make inquiries as to the
whereabouts of a prisoner, and to do so without charging any fee.
Clause 38 requires more than the mere word of an official, before
any person could be put on trial. Clause 39 gives the courts
exclusive rights to punish anyone. Clause 40 disallows the selling
or the delay of justice. Clauses 36 and 38 were removed from the
1225 version, but were reinstated in later versions. The right of
Habeas Corpus as such was first invoked in court in the year
1305.

Clause 54 says that no man may be imprisoned on the testimony of a
woman except on the death of her husband.

[edit] Anti-corruption and fair trade

Clauses 28 to 32 state that no royal officer may take any commodity
such as grain, wood or transport without payment or consent or
force a knight to pay for something the knight could do himself,
and that the king must return any lands confiscated from a felon
within a year and a day.

Clause 35 sets out a list of standard measures, and Clauses 41 and
42 guarantee the safety and right of entry and exit of foreign
merchants.

Clause 45 says that the King should only appoint royal officers
where they are suitable for the post. In the United States, the
Supreme Court of California interpreted clause 45 in 1974 as
establishing a requirement at common law that a defendant faced
with the potential of incarceration is entitled to a trial overseen
by a law-trained judge.[6]

Clause 46 provides for the guardianship of monasteries.

[edit] Temporary provisions

Some provisions were for immediate effect and were not in any later
charter. Clauses 47 and 48 abolish most of Forest Law (these were
later taken out of Magna Carta and formed into a separate charter,
the Charter of the Forests).[7] Clauses 66, 33 to 99 and 55 to 541
provide for the return of hostages, land and fines taken in John’s
reign.

Article 50 states that no member of the D’Athée family may be a
royal officer. Article 51 calls for all foreign knights and
mercenaries to leave the realm.

[edit] Great Council

The first long-term constitutional effect arose from Clauses 14 and
61, which permitted a council composed of the most powerful men in
the country to exist for the benefit of the state rather than in
allegiance to the monarch. Members of the council were also allowed
to renounce their oath of allegiance to the King in pressing
circumstances and to pledge allegiance to the council and not to
the King in certain instances. The common council was responsible
for taxation, and although it was not representative, its members
were bound by decisions made in their absence. The common council,
later called the Great Council, was England's
proto-parliament.

The Great Council only existed to give input on the opinion of the
kingdom as a whole, and it only had power to control scutage until
1258 when Henry III got into debt fighting in Sicily for the pope.
The barons agreed to a tax in exchange for reform, leading to the
Provisions of Oxford. But Henry got a papal bull allowing him to
set aside the provisions and in 1262 told royal officers to ignore
the provisions and only to obey Magna Carta. The barons revolted
and seized the Tower of London, the Cinque ports and Gloucester.
Initially the King surrendered, but when Louis IX of France
arbitrated in favour of Henry, Henry crushed the rebellion. Later
he ceded somewhat, passing the Statute of Marlborough in 1267,
which allowed writs for breaches of Magna Carta to be free of
charge, enabling anyone to have standing to apply the
Charter.

This secured the position of the Great Council forever, but its
powers were still very limited. The council originally only met
three times per year and so was subservient to the King’s council,
Curiae Regis, who, unlike the Great Council, followed the king
wherever he went.

Still, in some senses the council was an early form of parliament.
It had the power to meet outside the authority of the King and was
not appointed by him. While executive government descends from the
Curiae Regis, parliament descends from the Great Council, which was
later called the parliamentum. However, the Great Council was very
different from modern parliament. There were no knights, let alone
commons, and it was composed of the most powerful men, rather than
elected citizens.

Magna Carta had little effect on subsequent development of
parliament until the Tudor period. Knights and county
representatives attended the Great Council (Simon de Montfort’s
Parliament), and the council became far more representative under
the model parliament of Edward I which included two knights from
each county, two burgesses from each borough and two citizens from
each city. The Commons separated from the Lords in 1341. The right
of the Commons to exclusively sanction taxes (based on a withdrawn
provision of Magna Carta) was re-asserted in 1407, although it was
not in force in this period. The power vested in the Great Council
by, albeit withdrawn, Clause 14 of Magna Carta became vested in the
House of Commons but Magna Carta was all but forgotten for about a
century, until the Tudors.

[edit] Tudor dynasty (1485 - 1603)

Magna Carta was the first entry on the statute books, but after
1472, it was not mentioned for a period of nearly 100 years. There
was much ignorance about the document. The few who did know about
the document spoke of a good king being forced by an unstable pope
and rebellious barons “to attaine the shadow of seeming liberties”
and that it was a product of a wrongful rebellion against the one
true authority, the king. The original Magna Carta was seen as an
ancient document with shadowy origins and as having no bearing on
the Tudor world. Shakespeare’s King John makes no mention of the
Charter at all but focuses on the murder of Arthur. The Charter in
the statute books was thought to have arisen from the reign of
Henry III.[citation needed]

[edit] First uses of the charter as a bill of rights

This statute was used widely in the reign of Henry VIII (1509 -
1547) but was seen as no more special than any other statute and
could be amended and removed. But later in the reign, the Lord
Treasurer stated in the Star Chamber that many had lost their lives
in the Baronial wars fighting for the liberties which were
guaranteed by the Charter, and therefore it should not so easily be
overlooked as a simple and regular statute.

The church often attempted to invoke the first clause of the
Charter to protect itself from the attacks by Henry, but this claim
was given no credence. Francis Bacon was the first to try to use
Clause 39 to guarantee due process in a trial.

Although there was a re-awakening of the use of Magna Carta in
common law, it was not seen (as it was later) as an entrenched set
of liberties guaranteed for the people against the Crown and
Government. Rather, it was a normal statute, which gave a certain
level of liberties, most of which could not be relied on, least of
all against the king. Therefore, the Charter had little effect on
the governance of the early Tudor period. Although lay parliament
evolved from the Charter, by this stage the powers of parliament
had managed to exceed those humble beginnings. The Charter had no
real effect until the Elizabethan age. (1558 - 1603)

[edit] Reinterpretation of the charter

In the Elizabethan age, England was becoming a powerful force in
Europe. In academia, earnest but futile attempts were made to prove
that Parliament had Roman origins. The events at Runnymede in 1215
were "re-discovered", allowing a possibility to show the antiquity
of Parliament, and Magna Carta became synonymous with the idea of
an ancient house with origins in Roman government.

The Charter was interpreted as an attempt to return to a pre-Norman
state of things. The Tudors saw the Charter as proof that their
state of governance had existed since time immemorial and the
Normans had been a brief break from this liberty and democracy.
This claim is disputed in certain circles but explains how Magna
Carta came to be regarded as such an important document.

Magna Carta again occupied legal minds, and it again began to shape
how that government was run. Soon the Charter was seen as an
immutable entity. In the trial of Arthur Hall for questioning the
antiquity of the House, one of his alleged crimes was an attack on
Magna Carta.

[edit] Edward Coke’s opinionsJudicial rights

Clauses 17 to 22 allowed for a fixed law court, which became the
chancellery, and defines the scope and frequency of county assizes.
They also state that fines should be proportionate to the offence,
that they should not be influenced by ecclesiastical property in
clergy trials, and that their peers should try people. Many think
that this gave rise to jury and magistrate trial, but its only
manifestation in the modern world was the right of a lord to a
criminal trial in the House of Lords at first instance (abolished
in 1948).

Clause 24 states that crown officials (such as sheriffs) may not
try a crime in place of a judge. Clause 34 forbids repossession
without a writ precipe. Clauses 36 to 38 state that writs for loss
of life or limb are to be free, that someone may use reasonable
force to secure their own land, and that no one can be tried on
their own testimony alone.

Clauses 36, 38, 39 and 40 collectively define the right of Habeas
Corpus. Clause 36 requires courts to make inquiries as to the
whereabouts of a prisoner, and to do so without charging any fee.
Clause 38 requires more than the mere word of an official, before
any person could be put on trial. Clause 39 gives the courts
exclusive rights to punish anyone. Clause 40 disallows the selling
or the delay of justice. Clauses 36 and 38 were removed from the
1225 version, but were reinstated in later versions. The right of
Habeas Corpus as such was first invoked in court in the year
1305.

Clause 54 says that no man may be imprisoned on the testimony of a
woman except on the death of her husband.

[edit] Anti-corruption and fair trade

Clauses 28 to 32 state that no royal officer may take any commodity
such as grain, wood or transport without payment or consent or
force a knight to pay for something the knight could do himself,
and that the king must return any lands confiscated from a felon
within a year and a day.

Clause 35 sets out a list of standard measures, and Clauses 41 and
42 guarantee the safety and right of entry and exit of foreign
merchants.

Clause 45 says that the King should only appoint royal officers
where they are suitable for the post. In the United States, the
Supreme Court of California interpreted clause 45 in 1974 as
establishing a requirement at common law that a defendant faced
with the potential of incarceration is entitled to a trial overseen
by a law-trained judge.[6]

Clause 46 provides for the guardianship of monasteries.

[edit] Temporary provisions

Some provisions were for immediate effect and were not in any later
charter. Clauses 47 and 48 abolish most of Forest Law (these were
later taken out of Magna Carta and formed into a separate charter,
the Charter of the Forests).[7] Clauses 66, 33 to 99 and 55 to 541
provide for the return of hostages, land and fines taken in John’s
reign.

Article 50 states that no member of the D’Athée family may be a
royal officer. Article 51 calls for all foreign knights and
mercenaries to leave the realm.

[edit] Great Council

The first long-term constitutional effect arose from Clauses 14 and
61, which permitted a council composed of the most powerful men in
the country to exist for the benefit of the state rather than in
allegiance to the monarch. Members of the council were also allowed
to renounce their oath of allegiance to the King in pressing
circumstances and to pledge allegiance to the council and not to
the King in certain instances. The common council was responsible
for taxation, and although it was not representative, its members
were bound by decisions made in their absence. The common council,
later called the Great Council, was England's
proto-parliament.

The Great Council only existed to give input on the opinion of the
kingdom as a whole, and it only had power to control scutage until
1258 when Henry III got into debt fighting in Sicily for the pope.
The barons agreed to a tax in exchange for reform, leading to the
Provisions of Oxford. But Henry got a papal bull allowing him to
set aside the provisions and in 1262 told royal officers to ignore
the provisions and only to obey Magna Carta. The barons revolted
and seized the Tower of London, the Cinque ports and Gloucester.
Initially the King surrendered, but when Louis IX of France
arbitrated in favour of Henry, Henry crushed the rebellion. Later
he ceded somewhat, passing the Statute of Marlborough in 1267,
which allowed writs for breaches of Magna Carta to be free of
charge, enabling anyone to have standing to apply the
Charter.

This secured the position of the Great Council forever, but its
powers were still very limited. The council originally only met
three times per year and so was subservient to the King’s council,
Curiae Regis, who, unlike the Great Council, followed the king
wherever he went.

Still, in some senses the council was an early form of parliament.
It had the power to meet outside the authority of the King and was
not appointed by him. While executive government descends from the
Curiae Regis, parliament descends from the Great Council, which was
later called the parliamentum. However, the Great Council was very
different from modern parliament. There were no knights, let alone
commons, and it was composed of the most powerful men, rather than
elected citizens.

Magna Carta had little effect on subsequent development of
parliament until the Tudor period. Knights and county
representatives attended the Great Council (Simon de Montfort’s
Parliament), and the council became far more representative under
the model parliament of Edward I which included two knights from
each county, two burgesses from each borough and two citizens from
each city. The Commons separated from the Lords in 1341. The right
of the Commons to exclusively sanction taxes (based on a withdrawn
provision of Magna Carta) was re-asserted in 1407, although it was
not in force in this period. The power vested in the Great Council
by, albeit withdrawn, Clause 14 of Magna Carta became vested in the
House of Commons but Magna Carta was all but forgotten for about a
century, until the Tudors.

[edit] Tudor dynasty (1485 - 1603)

Magna Carta was the first entry on the statute books, but after
1472, it was not mentioned for a period of nearly 100 years. There
was much ignorance about the document. The few who did know about
the document spoke of a good king being forced by an unstable pope
and rebellious barons “to attaine the shadow of seeming liberties”
and that it was a product of a wrongful rebellion against the one
true authority, the king. The original Magna Carta was seen as an
ancient document with shadowy origins and as having no bearing on
the Tudor world. Shakespeare’s King John makes no mention of the
Charter at all but focuses on the murder of Arthur. The Charter in
the statute books was thought to have arisen from the reign of
Henry III.[citation needed]

[edit] First uses of the charter as a bill of rights

This statute was used widely in the reign of Henry VIII (1509 -
1547) but was seen as no more special than any other statute and
could be amended and removed. But later in the reign, the Lord
Treasurer stated in the Star Chamber that many had lost their lives
in the Baronial wars fighting for the liberties which were
guaranteed by the Charter, and therefore it should not so easily be
overlooked as a simple and regular statute.

The church often attempted to invoke the first clause of the
Charter to protect itself from the attacks by Henry, but this claim
was given no credence. Francis Bacon was the first to try to use
Clause 39 to guarantee due process in a trial.

Although there was a re-awakening of the use of Magna Carta in
common law, it was not seen (as it was later) as an entrenched set
of liberties guaranteed for the people against the Crown and
Government. Rather, it was a normal statute, which gave a certain
level of liberties, most of which could not be relied on, least of
all against the king. Therefore, the Charter had little effect on
the governance of the early Tudor period. Although lay parliament
evolved from the Charter, by this stage the powers of parliament
had managed to exceed those humble beginnings. The Charter had no
real effect until the Elizabethan age. (1558 - 1603)

[edit] Reinterpretation of the charter

In the Elizabethan age, England was becoming a powerful force in
Europe. In academia, earnest but futile attempts were made to prove
that Parliament had Roman origins. The events at Runnymede in 1215
were "re-discovered", allowing a possibility to show the antiquity
of Parliament, and Magna Carta became synonymous with the idea of
an ancient house with origins in Roman government.

The Charter was interpreted as an attempt to return to a pre-Norman
state of things. The Tudors saw the Charter as proof that their
state of governance had existed since time immemorial and the
Normans had been a brief break from this liberty and democracy.
This claim is disputed in certain circles but explains how Magna
Carta came to be regarded as such an important document.

Magna Carta again occupied legal minds, and it again began to shape
how that government was run. Soon the Charter was seen as an
immutable entity. In the trial of Arthur Hall for questioning the
antiquity of the House, one of his alleged crimes was an attack on
Magna Carta.

[edit] Edward Coke’s opinionsJudicial rights

Clauses 17 to 22 allowed for a fixed law court, which became the
chancellery, and defines the scope and frequency of county assizes.
They also state that fines should be proportionate to the offence,
that they should not be influenced by ecclesiastical property in
clergy trials, and that their peers should try people. Many think
that this gave rise to jury and magistrate trial, but its only
manifestation in the modern world was the right of a lord to a
criminal trial in the House of Lords at first instance (abolished
in 1948).

Clause 24 states that crown officials (such as sheriffs) may not
try a crime in place of a judge. Clause 34 forbids repossession
without a writ precipe. Clauses 36 to 38 state that writs for loss
of life or limb are to be free, that someone may use reasonable
force to secure their own land, and that no one can be tried on
their own testimony alone.

Clauses 36, 38, 39 and 40 collectively define the right of Habeas
Corpus. Clause 36 requires courts to make inquiries as to the
whereabouts of a prisoner, and to do so without charging any fee.
Clause 38 requires more than the mere word of an official, before
any person could be put on trial. Clause 39 gives the courts
exclusive rights to punish anyone. Clause 40 disallows the selling
or the delay of justice. Clauses 36 and 38 were removed from the
1225 version, but were reinstated in later versions. The right of
Habeas Corpus as such was first invoked in court in the year
1305.

Clause 54 says that no man may be imprisoned on the testimony of a
woman except on the death of her husband.

[edit] Anti-corruption and fair trade

Clauses 28 to 32 state that no royal officer may take any commodity
such as grain, wood or transport without payment or consent or
force a knight to pay for something the knight could do himself,
and that the king must return any lands confiscated from a felon
within a year and a day.

Clause 35 sets out a list of standard measures, and Clauses 41 and
42 guarantee the safety and right of entry and exit of foreign
merchants.

Clause 45 says that the King should only appoint royal officers
where they are suitable for the post. In the United States, the
Supreme Court of California interpreted clause 45 in 1974 as
establishing a requirement at common law that a defendant faced
with the potential of incarceration is entitled to a trial overseen
by a law-trained judge.[6]

Clause 46 provides for the guardianship of monasteries.

[edit] Temporary provisions

Some provisions were for immediate effect and were not in any later
charter. Clauses 47 and 48 abolish most of Forest Law (these were
later taken out of Magna Carta and formed into a separate charter,
the Charter of the Forests).[7] Clauses 66, 33 to 99 and 55 to 541
provide for the return of hostages, land and fines taken in John’s
reign.

Article 50 states that no member of the D’Athée family may be a
royal officer. Article 51 calls for all foreign knights and
mercenaries to leave the realm.

[edit] Great Council

The first long-term constitutional effect arose from Clauses 14 and
61, which permitted a council composed of the most powerful men in
the country to exist for the benefit of the state rather than in
allegiance to the monarch. Members of the council were also allowed
to renounce their oath of allegiance to the King in pressing
circumstances and to pledge allegiance to the council and not to
the King in certain instances. The common council was responsible
for taxation, and although it was not representative, its members
were bound by decisions made in their absence. The common council,
later called the Great Council, was England's
proto-parliament.

The Great Council only existed to give input on the opinion of the
kingdom as a whole, and it only had power to control scutage until
1258 when Henry III got into debt fighting in Sicily for the pope.
The barons agreed to a tax in exchange for reform, leading to the
Provisions of Oxford. But Henry got a papal bull allowing him to
set aside the provisions and in 1262 told royal officers to ignore
the provisions and only to obey Magna Carta. The barons revolted
and seized the Tower of London, the Cinque ports and Gloucester.
Initially the King surrendered, but when Louis IX of France
arbitrated in favour of Henry, Henry crushed the rebellion. Later
he ceded somewhat, passing the Statute of Marlborough in 1267,
which allowed writs for breaches of Magna Carta to be free of
charge, enabling anyone to have standing to apply the
Charter.

This secured the position of the Great Council forever, but its
powers were still very limited. The council originally only met
three times per year and so was subservient to the King’s council,
Curiae Regis, who, unlike the Great Council, followed the king
wherever he went.

Still, in some senses the council was an early form of parliament.
It had the power to meet outside the authority of the King and was
not appointed by him. While executive government descends from the
Curiae Regis, parliament descends from the Great Council, which was
later called the parliamentum. However, the Great Council was very
different from modern parliament. There were no knights, let alone
commons, and it was composed of the most powerful men, rather than
elected citizens.

Magna Carta had little effect on subsequent development of
parliament until the Tudor period. Knights and county
representatives attended the Great Council (Simon de Montfort’s
Parliament), and the council became far more representative under
the model parliament of Edward I which included two knights from
each county, two burgesses from each borough and two citizens from
each city. The Commons separated from the Lords in 1341. The right
of the Commons to exclusively sanction taxes (based on a withdrawn
provision of Magna Carta) was re-asserted in 1407, although it was
not in force in this period. The power vested in the Great Council
by, albeit withdrawn, Clause 14 of Magna Carta became vested in the
House of Commons but Magna Carta was all but forgotten for about a
century, until the Tudors.

[edit] Tudor dynasty (1485 - 1603)

Magna Carta was the first entry on the statute books, but after
1472, it was not mentioned for a period of nearly 100 years. There
was much ignorance about the document. The few who did know about
the document spoke of a good king being forced by an unstable pope
and rebellious barons “to attaine the shadow of seeming liberties”
and that it was a product of a wrongful rebellion against the one
true authority, the king. The original Magna Carta was seen as an
ancient document with shadowy origins and as having no bearing on
the Tudor world. Shakespeare’s King John makes no mention of the
Charter at all but focuses on the murder of Arthur. The Charter in
the statute books was thought to have arisen from the reign of
Henry III.[citation needed]

[edit] First uses of the charter as a bill of rights

This statute was used widely in the reign of Henry VIII (1509 -
1547) but was seen as no more special than any other statute and
could be amended and removed. But later in the reign, the Lord
Treasurer stated in the Star Chamber that many had lost their lives
in the Baronial wars fighting for the liberties which were
guaranteed by the Charter, and therefore it should not so easily be
overlooked as a simple and regular statute.

The church often attempted to invoke the first clause of the
Charter to protect itself from the attacks by Henry, but this claim
was given no credence. Francis Bacon was the first to try to use
Clause 39 to guarantee due process in a trial.

Although there was a re-awakening of the use of Magna Carta in
common law, it was not seen (as it was later) as an entrenched set
of liberties guaranteed for the people against the Crown and
Government. Rather, it was a normal statute, which gave a certain
level of liberties, most of which could not be relied on, least of
all against the king. Therefore, the Charter had little effect on
the governance of the early Tudor period. Although lay parliament
evolved from the Charter, by this stage the powers of parliament
had managed to exceed those humble beginnings. The Charter had no
real effect until the Elizabethan age. (1558 - 1603)

[edit] Reinterpretation of the charter

In the Elizabethan age, England was becoming a powerful force in
Europe. In academia, earnest but futile attempts were made to prove
that Parliament had Roman origins. The events at Runnymede in 1215
were "re-discovered", allowing a possibility to show the antiquity
of Parliament, and Magna Carta became synonymous with the idea of
an ancient house with origins in Roman government.

The Charter was interpreted as an attempt to return to a pre-Norman
state of things. The Tudors saw the Charter as proof that their
state of governance had existed since time immemorial and the
Normans had been a brief break from this liberty and democracy.
This claim is disputed in certain circles but explains how Magna
Carta came to be regarded as such an important document.

Magna Carta again occupied legal minds, and it again began to shape
how that government was run. Soon the Charter was seen as an
immutable entity. In the trial of Arthur Hall for questioning the
antiquity of the House, one of his alleged crimes was an attack on
Magna Carta.

[edit] Edward Coke’s opinionskjhgjh
Judicial rights

Clauses 17 to 22 allowed for a fixed law court, which became the
chancellery, and defines the scope and frequency of county assizes.
They also state that fines should be proportionate to the offence,
that they should not be influenced by ecclesiastical property in
clergy trials, and that their peers should try people. Many think
that this gave rise to jury and magistrate trial, but its only
manifestation in the modern world was the right of a lord to a
criminal trial in the House of Lords at first instance (abolished
in 1948).

Clause 24 states that crown officials (such as sheriffs) may not
try a crime in place of a judge. Clause 34 forbids repossession
without a writ precipe. Clauses 36 to 38 state that writs for loss
of life or limb are to be free, that someone may use reasonable
force to secure their own land, and that no one can be tried on
their own testimony alone.

Clauses 36, 38, 39 and 40 collectively define the right of Habeas
Corpus. Clause 36 requires courts to make inquiries as to the
whereabouts of a prisoner, and to do so without charging any fee.
Clause 38 requires more than the mere word of an official, before
any person could be put on trial. Clause 39 gives the courts
exclusive rights to punish anyone. Clause 40 disallows the selling
or the delay of justice. Clauses 36 and 38 were removed from the
1225 version, but were reinstated in later versions. The right of
Habeas Corpus as such was first invoked in court in the year
1305.

Clause 54 says that no man may be imprisoned on the testimony of a
woman except on the death of her husband.

[edit] Anti-corruption and fair trade

Clauses 28 to 32 state that no royal officer may take any commodity
such as grain, wood or transport without payment or consent or
force a knight to pay for something the knight could do himself,
and that the king must return any lands confiscated from a felon
within a year and a day.

Clause 35 sets out a list of standard measures, and Clauses 41 and
42 guarantee the safety and right of entry and exit of foreign
merchants.

Clause 45 says that the King should only appoint royal officers
where they are suitable for the post. In the United States, the
Supreme Court of California interpreted clause 45 in 1974 as
establishing a requirement at common law that a defendant faced
with the potential of incarceration is entitled to a trial overseen
by a law-trained judge.[6]

Clause 46 provides for the guardianship of monasteries.

[edit] Temporary provisions

Some provisions were for immediate effect and were not in any later
charter. Clauses 47 and 48 abolish most of Forest Law (these were
later taken out of Magna Carta and formed into a separate charter,
the Charter of the Forests).[7] Clauses 66, 33 to 99 and 55 to 541
provide for the return of hostages, land and fines taken in John’s
reign.

Article 50 states that no member of the D’Athée family may be a
royal officer. Article 51 calls for all foreign knights and
mercenaries to leave the realm.

[edit] Great Council

The first long-term constitutional effect arose from Clauses 14 and
61, which permitted a council composed of the most powerful men in
the country to exist for the benefit of the state rather than in
allegiance to the monarch. Members of the council were also allowed
to renounce their oath of allegiance to the King in pressing
circumstances and to pledge allegiance to the council and not to
the King in certain instances. The common council was responsible
for taxation, and although it was not representative, its members
were bound by decisions made in their absence. The common council,
later called the Great Council, was England's
proto-parliament.

The Great Council only existed to give input on the opinion of the
kingdom as a whole, and it only had power to control scutage until
1258 when Henry III got into debt fighting in Sicily for the pope.
The barons agreed to a tax in exchange for reform, leading to the
Provisions of Oxford. But Henry got a papal bull allowing him to
set aside the provisions and in 1262 told royal officers to ignore
the provisions and only to obey Magna Carta. The barons revolted
and seized the Tower of London, the Cinque ports and Gloucester.
Initially the King surrendered, but when Louis IX of France
arbitrated in favour of Henry, Henry crushed the rebellion. Later
he ceded somewhat, passing the Statute of Marlborough in 1267,
which allowed writs for breaches of Magna Carta to be free of
charge, enabling anyone to have standing to apply the
Charter.

This secured the position of the Great Council forever, but its
powers were still very limited. The council originally only met
three times per year and so was subservient to the King’s council,
Curiae Regis, who, unlike the Great Council, followed the king
wherever he went.

Still, in some senses the council was an early form of parliament.
It had the power to meet outside the authority of the King and was
not appointed by him. While executive government descends from the
Curiae Regis, parliament descends from the Great Council, which was
later called the parliamentum. However, the Great Council was very
different from modern parliament. There were no knights, let alone
commons, and it was composed of the most powerful men, rather than
elected citizens.

Magna Carta had little effect on subsequent development of
parliament until the Tudor period. Knights and county
representatives attended the Great Council (Simon de Montfort’s
Parliament), and the council became far more representative under
the model parliament of Edward I which included two knights from
each county, two burgesses from each borough and two citizens from
each city. The Commons separated from the Lords in 1341. The right
of the Commons to exclusively sanction taxes (based on a withdrawn
provision of Magna Carta) was re-asserted in 1407, although it was
not in force in this period. The power vested in the Great Council
by, albeit withdrawn, Clause 14 of Magna Carta became vested in the
House of Commons but Magna Carta was all but forgotten for about a
century, until the Tudors.

[edit] Tudor dynasty (1485 - 1603)

Magna Carta was the first entry on the statute books, but after
1472, it was not mentioned for a period of nearly 100 years. There
was much ignorance about the document. The few who did know about
the document spoke of a good king being forced by an unstable pope
and rebellious barons “to attaine the shadow of seeming liberties”
and that it was a product of a wrongful rebellion against the one
true authority, the king. The original Magna Carta was seen as an
ancient document with shadowy origins and as having no bearing on
the Tudor world. Shakespeare’s King John makes no mention of the
Charter at all but focuses on the murder of Arthur. The Charter in
the statute books was thought to have arisen from the reign of
Henry III.[citation needed]

[edit] First uses of the charter as a bill of rights

This statute was used widely in the reign of Henry VIII (1509 -
1547) but was seen as no more special than any other statute and
could be amended and removed. But later in the reign, the Lord
Treasurer stated in the Star Chamber that many had lost their lives
in the Baronial wars fighting for the liberties which were
guaranteed by the Charter, and therefore it should not so easily be
overlooked as a simple and regular statute.

The church often attempted to invoke the first clause of the
Charter to protect itself from the attacks by Henry, but this claim
was given no credence. Francis Bacon was the first to try to use
Clause 39 to guarantee due process in a trial.

Although there was a re-awakening of the use of Magna Carta in
common law, it was not seen (as it was later) as an entrenched set
of liberties guaranteed for the people against the Crown and
Government. Rather, it was a normal statute, which gave a certain
level of liberties, most of which could not be relied on, least of
all against the king. Therefore, the Charter had little effect on
the governance of the early Tudor period. Although lay parliament
evolved from the Charter, by this stage the powers of parliament
had managed to exceed those humble beginnings. The Charter had no
real effect until the Elizabethan age. (1558 - 1603)

[edit] Reinterpretation of the charter

In the Elizabethan age, England was becoming a powerful force in
Europe. In academia, earnest but futile attempts were made to prove
that Parliament had Roman origins. The events at Runnymede in 1215
were "re-discovered", allowing a possibility to show the antiquity
of Parliament, and Magna Carta became synonymous with the idea of
an ancient house with origins in Roman government.

The Charter was interpreted as an attempt to return to a pre-Norman
state of things. The Tudors saw the Charter as proof that their
state of governance had existed since time immemorial and the
Normans had been a brief break from this liberty and democracy.
This claim is disputed in certain circles but explains how Magna
Carta came to be regarded as such an important document.

Magna Carta again occupied legal minds, and it again began to shape
how that government was run. Soon the Charter was seen as an
immutable entity. In the trial of Arthur Hall for questioning the
antiquity of the House, one of his alleged crimes was an attack on
Magna Carta.

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